Background
Shaun Stewart, proceeding pro se, filed a notice of appeal on April 15, 2025, from various orders in the United States District Court for the Middle District of Florida. The district court had dismissed the underlying action, denied reconsideration, and issued multiple orders regarding in forma pauperis status and appointment of counsel.
The court’s reasoning
The court concluded that Stewart sought to appeal orders that were already the subject of a pending appeal, citing the principle that an appellant is not entitled to two appeals from the same judgment. The court further determined it lacked jurisdiction over the order denying leave to proceed in forma pauperis on appeal, as such orders are not final. Additionally, the court found it lacked jurisdiction over earlier in forma pauperis motions because the notice of appeal was filed after the statutory deadline for those specific orders.
What it means going forward
The appeal is dismissed, and all pending motions are denied as moot. The appellant must pursue any remaining relief through the already pending appeal or by filing appropriate motions in the appellate court for in forma pauperis status.
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